1-1 By: Moncrief S.B. No. 97
1-2 (In the Senate - Filed November 15, 1996; January 14, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 January 15, 1997, reported favorably by the following vote: Yeas
1-5 7, Nays 0; January 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the prosecution, punishment, and sentencing of a
1-9 defendant charged with the offense of stalking.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-12 Section 42.072 to read as follows:
1-13 Sec. 42.072. STALKING. (a) A person commits an offense if
1-14 the person, on more than one occasion and pursuant to the same
1-15 scheme or course of conduct that is directed specifically at
1-16 another person, knowingly engages in conduct, including following
1-17 the other person, that:
1-18 (1) the actor knows or reasonably believes the other
1-19 person will regard as threatening;
1-20 (2) causes the other person or a member of the other
1-21 person's family to be placed in fear of bodily injury or death or
1-22 fear that an offense will be committed against the other person's
1-23 property; and
1-24 (3) would cause a reasonable person to fear:
1-25 (A) bodily injury or death for himself or
1-26 herself;
1-27 (B) bodily injury or death for a member of the
1-28 person's family; or
1-29 (C) that an offense will be committed against
1-30 the person's property.
1-31 (b) An offense under this section is a Class A misdemeanor,
1-32 except that the offense is a felony of the third degree if the
1-33 actor has previously been convicted under this section.
1-34 (c) In this section, "family" has the meaning assigned by
1-35 Section 71.01, Family Code.
1-36 SECTION 2. Subsection (a), Section 25.07, Penal Code, as
1-37 amended by Chapters 658 and 1024, Acts of the 74th Legislature,
1-38 1995, is amended to read as follows:
1-39 (a) A person commits an offense if, in violation of an order
1-40 issued under Section 3.581, 71.11, or 71.12, Family Code, or under
1-41 Article 17.292, Code of Criminal Procedure, the person knowingly or
1-42 intentionally:
1-43 (1) commits family violence or an act in furtherance
1-44 of an offense under Section 42.072 [42.07(a)(7)];
1-45 (2) communicates:
1-46 (A) directly with a protected individual or a
1-47 member of the family or household in a threatening or harassing
1-48 manner;
1-49 (B) a threat through any person to a protected
1-50 individual or a member of the family or household; and
1-51 (C) in any manner with the protected individual
1-52 or member of the family or household except through the person's
1-53 attorney or a person appointed by the court, if the order prohibits
1-54 any communication with a protected individual or a member of the
1-55 family or household; or
1-56 (3) goes to or near any of the following places as
1-57 specifically described in the order:
1-58 (A) the residence or place of employment or
1-59 business of a protected individual or a member of the family or
1-60 household; or
1-61 (B) any child care facility, residence, or
1-62 school where a child protected by the order normally resides or
1-63 attends[; or]
1-64 [(4) engages in conduct directed specifically toward a
2-1 person who is a member of the family or household, including
2-2 following the person, that is reasonably likely to harass, annoy,
2-3 alarm, abuse, torment, or embarrass that person].
2-4 SECTION 3. Subsection (b), Article 17.29, Code of Criminal
2-5 Procedure, as amended by Chapters 656 and 661, Acts of the 74th
2-6 Legislature, 1995, is amended to read as follows:
2-7 (b) Before releasing on bail a person arrested for an
2-8 offense under Section 42.072 [42.07(a)(7)], Penal Code, or a person
2-9 arrested or held without warrant in the prevention of family
2-10 violence, the law enforcement agency holding the person shall make
2-11 a reasonable attempt to give personal notice of the imminent
2-12 release to the victim of the alleged offense or to another person
2-13 designated by the victim to receive the notice. An attempt by an
2-14 agency to give notice to the victim or the person designated by the
2-15 victim at the victim's or person's last known telephone number or
2-16 address, as shown on the records of the agency, constitutes a
2-17 reasonable attempt to give notice under this subsection. If
2-18 possible, the arresting officer shall collect the address and
2-19 telephone number of the victim at the time the arrest is made and
2-20 shall communicate that information to the agency holding the
2-21 person.
2-22 SECTION 4. Subsections (a) and (b), Article 17.292, Code of
2-23 Criminal Procedure, are amended to read as follows:
2-24 (a) At a defendant's appearance before a magistrate after
2-25 arrest for an offense involving family violence or an offense under
2-26 Section 42.072 [42.07(a)(7)], Penal Code, the magistrate may issue
2-27 an order for emergency protection on the magistrate's own motion or
2-28 on the request of:
2-29 (1) the victim of the offense;
2-30 (2) the guardian of the victim;
2-31 (3) a peace officer; or
2-32 (4) the attorney representing the state.
2-33 (b) The magistrate in the order for emergency protection may
2-34 prohibit the arrested party from:
2-35 (1) committing:
2-36 (A) family violence; or
2-37 (B) an act in furtherance of an offense under
2-38 Section 42.072 [42.07(a)(7)], Penal Code;
2-39 (2) communicating:
2-40 (A) directly with a member of the family or
2-41 household in a threatening or harassing manner; or
2-42 (B) a threat through any person to a member of
2-43 the family or household; or
2-44 (3) going to or near:
2-45 (A) the residence, place of employment, or
2-46 business of a member of the family or household; or
2-47 (B) the residence, child care facility, or
2-48 school where a child protected under the order resides or attends.
2-49 SECTION 5. Subsection (a), Article 17.46, Code of Criminal
2-50 Procedure, is amended to read as follows:
2-51 (a) A magistrate may require as a condition of release on
2-52 bond that a defendant charged with an offense under Section 42.072
2-53 [42.071], Penal Code, may not:
2-54 (1) communicate directly or indirectly with the
2-55 victim; or
2-56 (2) go to or near the residence, place of employment,
2-57 or business of the victim or to or near a school, day-care
2-58 facility, or similar facility where a dependent child of the victim
2-59 is in attendance.
2-60 SECTION 6. Subsection (l), Section 11, Article 42.12, Code
2-61 of Criminal Procedure, is amended to read as follows:
2-62 (l)(1) If the court grants community supervision [probation]
2-63 to a person convicted of an offense under Section 42.072 [42.071],
2-64 Penal Code, the court may require as a condition of community
2-65 supervision [probation] that the person [probationer] may not:
2-66 (A) communicate directly or indirectly with the
2-67 victim; or
2-68 (B) go to or near the residence, place of
2-69 employment, or business of the victim or to or near a school,
3-1 day-care facility, or similar facility where a dependent child of
3-2 the victim is in attendance.
3-3 (2) If the court requires the prohibition contained in
3-4 Subdivision (1)(B) of this subsection as a condition of community
3-5 supervision [probation], the court shall specifically describe the
3-6 prohibited locations and the minimum distances, if any, that the
3-7 person [probationer] must maintain from the locations.
3-8 SECTION 7. Subdivision (1), Subsection (o), Section 8,
3-9 Article 42.18, Code of Criminal Procedure, as added by Chapter 10,
3-10 Acts of the 73rd Legislature, 1993, is amended to read as follows:
3-11 (o)(1) In addition to other conditions imposed by a parole
3-12 panel under this article, the parole panel may require as a
3-13 condition of parole or release to mandatory supervision that an
3-14 inmate serving a sentence for an offense under Section 42.072
3-15 [42.071], Penal Code, may not:
3-16 (A) communicate directly or indirectly with the
3-17 victim; or
3-18 (B) go to or near the residence, place of
3-19 employment, or business of the victim or to or near a school,
3-20 day-care facility, or similar facility where a dependent child of
3-21 the victim is in attendance.
3-22 SECTION 8. Subsection (a), Article 56.11, Code of Criminal
3-23 Procedure, is amended to read as follows:
3-24 (a) The institutional division of the Texas Department of
3-25 Criminal Justice shall notify the victim of the offense and local
3-26 law enforcement officials in the county where the victim resides
3-27 whenever a person convicted of a felony offense under Subsection
3-28 (a) as enhanced by Subsection (b) of Section 42.072 [42.071], Penal
3-29 Code:
3-30 (1) completes the person's sentence and is released;
3-31 or
3-32 (2) escapes from a facility operated by the
3-33 institutional division.
3-34 SECTION 9. Section 501.006, Government Code, is amended to
3-35 read as follows:
3-36 Sec. 501.006. EMERGENCY ABSENCE. (a) The institutional
3-37 division may grant an emergency absence under escort to an inmate
3-38 so that the inmate may:
3-39 (1) obtain a medical diagnosis or medical treatment;
3-40 (2) obtain treatment and supervision at a Texas
3-41 Department of Mental Health and Mental Retardation facility; or
3-42 (3) attend a funeral or visit a critically ill
3-43 relative.
3-44 (b) The institutional division shall adopt policies for the
3-45 administration of the emergency absence under escort program.
3-46 (c) An inmate absent under this section is considered to be
3-47 in the custody of the institutional division, and the inmate must
3-48 be under physical guard while absent.
3-49 (d) [(i)] The institutional division may not grant a
3-50 furlough to an inmate convicted of an offense under Section 42.072
3-51 [42.071], Penal Code.
3-52 SECTION 10. Section 42.071, Penal Code, is repealed.
3-53 SECTION 11. The importance of this legislation and the
3-54 crowded condition of the calendars in both houses create an
3-55 emergency and an imperative public necessity that the
3-56 constitutional rule requiring bills to be read on three several
3-57 days in each house be suspended, and this rule is hereby suspended,
3-58 and that this Act take effect and be in force from and after its
3-59 passage, and it is so enacted.
3-60 * * * * *